Prof. Kwaku Azar: Judiciary’s Attempt At Censorship Should Stop

US-based Ghanaian Law Professor, Kwaku Asare, alias Kwaku Azar, has added his voice to criticisms of the Judiciary after former Deputy Attorney General, Dominic Ayine, was reported to the General Legal Council (GLC) over his criticism of the Supreme Court’s handling of the 2020 election petition.

In a write-up, Prof. Azar points out that the targeting of people for sanction now is strange because in 2013, there had been similar criticisms of the Judiciary when the Supreme Court was hearing the 2021 election petition but nobody had been targeted for discipline.

“The Danquah Institute organized a workshop on the 2012 election petition where speakers, such as Sam Okudzeto, Professor Frimpong, etc. discussed and criticized the judgment. I supported the Institute in doing so then and still do,” Prof. Asare said.

 “I wrote many commentaries criticizing the judgments, including the contempt proceedings even while the trial was still ongoing, incurring the displeasure of Justice Atuguba. Others, many lawyers included, openly and vigorously questioned aspects of the judgments and raised issues about the independence of the judiciary. Nobody, to my knowledge, was referred to the GLC for investigation. And that is right. The judiciary is an arm of government and is not immune from scrutiny and accountability.”

Dr Ayine, a member of former President Mahama’s legal team during the 2020 Election petition, questioned the judiciary’s independence citing the Supreme Court‘s handling of the 2020 Election Petition at a Judicial review dialogue series last month on Presidential Election Petition.

The Dialogue had been organized by CDD Ghana in collaboration with the Kwame Nkrumah University of Science and Technology (KNUST) Law Faculty.

Assessing, Dr. Ayine said the posture of the Supreme Court throughout the Election Petition hearing suggests that it had a “pre-determined agenda” to rule against the petitioner, John Mahama.

In the petition filed to the General Legal Council, the Judicial Secretary, Ms. Cynthia Pamela Akotoaa Addo, stated that Dr. Ayine’s alleged repeat of such statement has displeased the Chief Justice, thus the call for him to be investigated.

“His Lordship the Chief Justice, therefore, finds this alleged disparaging comments totally unacceptable and would like you to investigate this matter further,” the petition read.